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Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......imilar description and with similar advantages in the vicinity "during the twenty‑four months preceding the date of service of notice under section 5(1)(a)" of the Act; but in this case the Arbitrator had taken the average value of land during the twenty-four months preceding the..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... the Rule. The learned Judges of the High Court Division after hearing the learned Advocate for the appellants for 3 days made the Rule absolute and wrote out a lengthy judgment on the merit of the case on 3.8.92. 3. On 26.9.92 respondent No. 1 filed an application for restoration of the w..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......ng the relationship of landlord and tenant between the plaintiffs and principal defendants 1 and 2. The trial Court on the question of jurisdiction and the value of the suit found that, the defence case that the rate of Taka 25.00 was not correct, but the plaintiff s case that the rate of ..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ...... mills will be returned to their former Bengalee owners, it is not available to the Government now to say that the decision had been revised in so far as the Mohammadi is concerned although in the case of other five concerns mentioned in the Annexure‑B the Government had I already released..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......ate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated the writ petitioner's case was that the Managing Committee would have been constituted in terms of Regulation 4(l), not in..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ...... appeal by special leave is directed against the judgment and order passed by the High Court Division in Second Miscellaneous Appeal No. 9 of 1973 on July 30, 1979. 2. The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for ..Category: Property Law | Date: | Hits: 70
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......ent being short, and there being no likelihood of the appeal being disposed of within this time, the petitioners should have been enlarged on bail, as this is the usual practice of the Court in the cases of short term imprisonments. The learned Advocate has also tried to go into the merit of the..Category: Criminal Law | Date: | Hits: 55
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......sion dated 22.6.93 in Writ Petition No. 1389 of 1982, making the Rule Nisi absolute. Md. Abdul Mannan @ Manu, respondent No. 4 in the writ petition, is the appellant before us. 2. It was the case of the writ petitioner Md. Sajedul Hoque (respondent No. 1 herein) that he was elected as the..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......f 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not made parties therein and, as such, the sale is a..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......the Munsif, Additional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. 2. To narrate the cases of the parties, in brief, as will be relevant for disposal of these appeals, plaintiffs filed ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......t Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High School, Motijheel, Dhaka‑2 was illegal and not binding upon him. His case, in brief, is that in 1986 defendant No. 2, Mr. GM Delwar Hossain, the then Chairman of the Man..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......Fourth Schedule of the Constitution. 2. To start with, the facts of the respective cases may be briefly noticed. In Civil Appeal No, 51 of 1989 the appellant along with others was tr..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......Act no suit for ejectment of a monthly tenant can be filed………………………..(13) Per Mustafa Kamal, J: A notice under section 106 of the Transfer of Property Act is mandatory in all cases of eviction under the Ordinance as well, because a tenancy is created under the Transfer of Pr..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......ovision of law, but not expressly taken away if such construction can be given without straining or violating either the language or the intended meaning of the law. The Government servant may file a case before the Tribunal within six months from the date of the appellate authority's decision. In c..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ...... of the Artha Rin Adalat Act together we are of the view that the petitioners are not entitled to file any cross ‑objection, under Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reporte..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......IR (1938) (PC) 70; AZ Co. Vs. SM Bakhsh, 17 DLR (SC) 404; (17 DLR, SQ; Engineer Galimala Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Secretary, Irrigation Department V GC Roy, AIR 1992 (SC) 723; Jena's case (AIR, 1988); Jugal Kishore Sharma Vs. Vijayendra Sharma, AIR 1993, (SC) 864; State of Orissa V..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......ve to appeal from this order of the High Court Division. 2. Mr. AK Badrul Huq, learned Advocate for the petitioner, has contended that no evidence has yet been recorded in the Election case and no foundation for recounting has been established and, as such, the order for recounting i..Category: Election Law | Date: | Hits: 119
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ......8. We have perused Rules 182 and 183 of the Co-operative Societies Rules, 1987 and we do not find that to obtain a copy of an enquiry report under section 84, in the facts and circumstances of the case, Court fees have to be paid. The petitioner respondents may or may not be entitled as of ..Category: Others | Date: | Hits: 89
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......e to the plaintiff. No manner of doubt, therefore, that the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......g any opportunity to the respondent, by impugned order dated June 4, 1985 upheld the order of derequisition of die acquired land on the ground of avoiding legal complications. 4. The Government's case is that from April 2, 1963 to October 18, 1983 the respondent company did not use the land for..Category: Property Law | Date: | Hits: 69
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